Stepparent and adult adoption attorney in Orlando

Stepparent and adult adoption in Florida

Adoption creates a permanent legal parent-child relationship. Once the judge signs the final judgment of adoption, the adoptive parent has the same rights and duties as a biological parent: inheritance, medical decisions, school records, and legal recognition in every state.

Luis Morales Legal is a family law firm in downtown Orlando. As a stepparent adoption lawyer in Florida, we handle two kinds of adoption:

• Stepparent adoption: a husband or wife adopts the child of their spouse.
• Adult adoption: one adult adopts another adult, often a stepchild or someone they raised.

What we don't handle: agency adoptions, international adoptions, foster care adoptions and private infant (newborn) adoptions. If that is what you need, look for a Florida adoption attorney who focuses on that work.

We file adoption cases in Orange, Osceola, Seminole, Lake, Polk, Volusia, Brevard, Marion and Sumter counties, in English or Spanish.

Stepparent adoption: who qualifies

A stepparent adoption in Florida usually requires:

• You are married to the child's parent. Your spouse must consent to the adoption.
• The other biological parent consents, or the court ends that parent's rights for a reason the law allows (for example, abandonment), or that parent has died or already lost parental rights.
• A child over 12 consents, unless the judge decides that consent should be waived.
• The adoption is in the child's best interest. The judge decides this at the final hearing.

When the other parent signs a consent, the case is usually simpler. When the other parent refuses, cannot be found, or has had no contact for a long time, the case needs more work: diligent search, service by publication or proof of abandonment. A step parent adoption attorney in Florida can tell you which situation applies before you file.

A home study is generally not required in a stepparent adoption unless the judge orders one.

Adult adoption in Florida

Florida allows an adult to adopt another adult. People choose an adult adoption to make a family relationship official, to secure inheritance rights, or to finish a stepparent adoption that was never done while the child was a minor.

In an adult adoption:

• The adult being adopted signs a written consent (and that adult's spouse, if married).
• The birth parents are given notice of the case or sign a consent.
• No home study is required.
• The adopted adult can change their last name in the same final judgment.

As an adult adoption lawyer in Florida, we prepare the consents and petition and attend the final hearing with you. Adult adoption cases are usually the simplest adoption cases.

LGBTQ families and stepparent adoption

Florida law does not prevent anyone from adopting because of sexual orientation. A married same-sex spouse can do a stepparent adoption of their spouse's child the same way any stepparent can.

Some same-sex couples choose a stepparent adoption even when both spouses are already on the birth certificate, so they have a court judgment of parentage. If you are looking for an LGBTQ adoption lawyer in Florida for a stepparent adoption, we can review your situation in a free call.

The stepparent adoption process step by step

1. Free 15-minute call. We confirm you qualify and whether the other parent will consent.
2. Documents and consents. We prepare the consent forms, affidavits and the petition for adoption.
3. Service on the other parent. If the other parent did not sign a consent, they must be formally served or, if they can't be found, notified by publication after a diligent search.
4. Filing. We file the petition in the circuit court of the county where you live.
5. Final hearing. You, your spouse and usually the child attend. The judge reviews the case and signs the final judgment of adoption.
6. New birth certificate. After the judgment, the state issues an amended birth certificate showing the adoptive parent.

Adult adoption follows the same path, but without the other-parent issues in most cases.

Documents you will need

• The child's (or adult adoptee's) birth certificate
• Your marriage certificate (stepparent adoption)
• Full name and last known address of the other biological parent
• Any custody, paternity or child support orders
• Death certificate, if the other parent has died
• Signed consents (we prepare them)

Cost of an adoption lawyer in Orlando

We charge a flat fee for stepparent and adult adoptions: $3,000. The flat fee is in writing before we start, with no hourly billing.

Court filing fees and, if needed, the cost of publishing notice or serving the other parent are separate and paid to the court or the service provider. Contested cases, where the other parent fights the adoption, may require a different quote.

The first call is a free 15-minute phone call. An in-person or longer consultation costs $150.

How to choose a lawyer for adoption in Orlando

When you compare Florida adoption lawyers, ask:

• Does the lawyer handle your type of adoption (stepparent, adult, agency, international)?
• Is the fee flat and in writing?
• Who will actually work on the case and attend the hearing?
• Can they work in your language?

Be careful with ads that say "best" or "expert." In Florida, only lawyers board certified by The Florida Bar may call themselves specialists or experts in an area of law, and The Florida Bar offers board certification in adoption law.

Why work with Luis Morales Legal

Luis A. Morales has been a lawyer since 2001 and is admitted to practice in Florida and Puerto Rico. He is a U.S. Army veteran who served as a military legal officer.

Luis handles each case personally, in English or Spanish, from 390 N Orange Ave, Suite 2300, in downtown Orlando. If you are looking for an adoption attorney in Orlando for a stepparent or adult adoption, you work directly with him.

Related pages: Family law in Orlando · Child custody · Child support · Other family law services

Frequently asked questions